Journal Detail back to listing
‘I’m not here for the prosecution. I’m not here for the defence. I’m here for the court’
- Oct 11, 2023
- Latest Journal
Dewi Evans is a Paediatric Consulting expert, who provides expert medical advice regarding clinical issues where child abuse is suspected or where there are allegations of clinical negligence. He has prepared reports for the Court for over 25 years and has given evidence in court in Wales, England, Ireland and Northern Ireland, most notably in the R v Letby case where he was the prosecution’s lead paediatric independent witness.’ The headline quote above,
is from Dr Evans when questioned during the case.
When did you become a paediatrician?
I qualified MB, BCh in June 1971, and completed my post graduate degree [MRCP] in 1975. My first paediatric post was in Swansea from 1 Feb 1973. I was registrar at Alder Hey Children’s Hospital from 1974 to 1976, Senior Registrar in Cardiff from 1977 to 1979 and was appointed consultant paediatrician in Swansea in January 1980, retiring in 2009.
Apart from a few part time locums most of my practice since then has involved medico-legal issues.
When did you commence Expert Witness work?
My first case was in 1988 and involved an allegation of a delay in delivering a surviving twin, whose other twin had died before birth. [Dunne v National Maternity Hospital (Holles St) Dublin.] The family received a substantial settlement.
I have been involved with three kinds of medico-legal work. Most of my cases during my substantive clinical practice involved allegations of clinical negligence, where I acted mainly for the Claimant. I have prepared numerous cases for the Family Court, where one functions as a ‘joint expert’ acting for all the participants; local authority, guardian for the child, and representatives for the parents, and be independent of all of them. My third group of cases involves preparing reports involving suspected criminal activity. I have been involved in numerous cases where I have acted for the prosecution (via the police) and for the Defence [approximately 50% each).
I stopped taking on new cases in February 2023, 50 years from my first post in paediatrics.
Did you have any concerns before undertaking your first EW case?
Naturally, but by keeping within my level of expertise, providing impartial advice, and, very importantly, ‘not playing advocate’; that’s up to the advocates (Barristers), it’s possible to have a successful career as an independent witness.
What has been your most challenging case?
R v Letby clearly. Before that, my first ever case [Dunne v National Maternity].
Do you find that counsel/Barristers have become more aggressive?
No. Bombast, bluster and belligerence forms part of their armoury. They are who they are. The degree of aggression one experiences is usually inversely proportional to their understanding of the particular case.
What is your experience with dealing with the media?
I have no problems with the media. I’ve given numerous interviews on Welsh language radio and TV throughout my career. Dealing with English language media has not been a problem.
Do the media respect your impartiality?
They do. If you don’t want to be quoted just don’t say anything! Avoid ‘off the record’ comments unless you know the journalist really well. Journalists are very good at protecting their sources.
Press and media coverage in the Letby case, which I avoided reading pre verdict, has been thorough, clear and objective. I only found out about the various shenanigans of the management, such as suggesting that Letby should be transferred to Alder Hey Children’s Hospital, and that 2 of the local consultants should be reported to the GMC, from reading articles in the press following the verdict.
Any advice for Expert witnesses starting their career?
Attend courses run by Bond Solon, Royal Society of Medicine, and others.
Join Expert Witness – well worth the fees. One case more than covers the annual fee.
Run your first reports via someone of experience in medico-legal work.
Make sure your reports are IMPARTIAL. This is crucial. You need to tell lawyers what they need to know, not what they want to know. If they don’t like it, that’s just tough. One biased (or partisan) report, which would be shredded in court by an experienced doctor from the same discipline, can wreck your reputation permanently.
Keep detailed accounts of your fees. Many lawyers are dreadful with payments. Many treat one’s initial invoice like a Christmas card; left on the mantelpiece (figuratively speaking) and discarded after 12 days. I have had to employ debt collectors to chase after unpaid fees.
Many thanks to Dewi for these insights.